Article 1 - Definitions
The following definitions apply in these terms and conditions:
Withdrawal period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and who concludes a distance contract with the entrepreneur;
Day: calendar day;
Subscription contract: a distance contract relating to a series of products and/or services, whose delivery and/or purchase obligations are spread over a specified period;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of goods and/or services, using exclusively one or more means of distance communication until the contract is concluded;
Means of distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time.
General terms and conditions: these general terms and conditions of the entrepreneur.
Article 2 - Identity
Shop name: Zorvini
Chamber of Commerce number: 91092124
VAT identification number: NL004865311B14
Email: info@zorvini.com
Address: PO BOX 51311, 1007 EH Amsterdam, Netherlands
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s business premises, and they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the foregoing paragraph and before the distance contract is concluded, the text of these General Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily save it on a durable medium. If this is not reasonably possible, the consumer shall be informed before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer’s request.
If specific product or service terms apply in addition to these General Terms and Conditions, paragraphs 2 and 3 shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the provision that is most favorable to them.
If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or void, the contract and these terms and conditions shall otherwise remain in force, and the provision in question shall be replaced without delay, by mutual agreement, by a provision that comes as close as possible to the meaning of the original provision.
Situations not covered by these General Terms and Conditions shall be assessed "in the spirit" of these General Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted "in accordance with the spirit" of these General Terms and Conditions.
Article 4 - The Offer
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and modify the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make an adequate assessment of the offer. If the entrepreneur uses images, these provide a faithful representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.
All images, specifications and details in the offer are indicative and cannot be grounds for compensation or termination of the contract.
The images accompanying the products are a faithful representation of the products offered. The operator cannot guarantee that the colors shown exactly match the actual colors of the products.
Every offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This relates in particular to:
the price, excluding customs clearance fees and import VAT. These additional costs are borne by and at the customer's risk. The postal and/or courier service will apply the special arrangement for postal and courier services regarding imports. This arrangement applies when the goods are imported into the EU country of destination, as is the case here. The postal and/or courier service collects the VAT (whether together with the customs clearance fees charged or not) from the recipient of the goods;
any shipping costs;
how the agreement is concluded and what steps are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer or the period during which the trader guarantees the price;
the rate for using the means of distance communication, if the cost of using those means is calculated on a basis other than the standard basic rate for the means of communication used;
whether the contract is archived after it is concluded and, if so, how the consumer can access it;
how the consumer can check the information they have provided in connection with the contract before concluding it and, if desired, correct it;
any other languages in which the contract can be concluded in addition to Dutch;
the codes of conduct to which the trader has committed, and how the consumer can consult these codes of conduct electronically; and
the minimum term of the distance contract in the case of an ongoing transaction.
Optional: available sizes, colors, material types.
Article 5 - The Agreement
Subject to the provisions in paragraph 4, the contract is concluded when the consumer accepts the offer and fulfills the conditions set out therein.
If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of the acceptance electronically. Until the trader has confirmed receipt of this acceptance, the consumer may terminate the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
Within the limits of the law, the trader may obtain information about whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the trader has good reason not to enter into the contract, the trader is entitled to reject an order or application, or to make its execution subject to special conditions, stating the reasons.
The trader will provide the consumer with the following information in writing, or in a manner that allows the consumer to store it in an accessible format on a durable medium, together with the product or service:
- the address of the trader's business premises to which the consumer may send complaints;
- the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
- information about warranties and existing customer service;
- the information referred to in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the contract was concluded;
- the conditions for terminating the contract if it has a term of more than one year or is of indefinite duration.
In the case of a contract for ongoing services, the provision in the previous paragraph applies only to the first delivery.
Every contract is concluded subject to the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
When purchasing products, consumers have the right to terminate the contract without giving any reason within 14 days. This cooling-off period begins on the day after the consumer receives the product, or after a representative previously designated by the consumer and notified to the trader receives it.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in its original condition and packaging, in accordance with the entrepreneur’s reasonable and clear instructions.
If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must do so in writing/by email. After notifying the entrepreneur that they wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods were returned in time, for example by providing proof of shipment.
If the customer has not indicated their wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur within the periods specified in paragraphs 2 and 3, the purchase is final.
Article 7 - Costs in the event of withdrawal
If the consumer exercises their right of withdrawal, the cost of returning the products will be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the product having already been returned to the entrepreneur or conclusive proof of its complete return being provided.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The right of withdrawal may only be excluded if the entrepreneur clearly indicated this in the offer, at least in a timely manner before the contract was concluded.
The right of withdrawal may only be excluded for products:
- that the entrepreneur manufactures according to the consumer’s specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that may spoil or age quickly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seal has been broken by the consumer.
- for hygiene products whose seal has been broken by the consumer.
The right of withdrawal may only be excluded for services:
- concerning accommodation, transport, restaurant visits or leisure activities to be provided on a specific date or during a specific period;
- whose delivery began, with the consumer's express consent, before the cooling-off period expired;
- On bets and lotteries.
Article 9 - The Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
By way of exception to the preceding paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market beyond the trader's control at variable prices. This link to fluctuations and the fact that the prices stated are indicative prices will be specified in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory provisions or regulations.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has agreed to them and:
- they result from statutory provisions or regulations; or
- the consumer has the option to terminate the contract from the day the price increase takes effect.
Pursuant to Section 5(1) of the Turnover Tax Act 1968, the place of supply is the country in which transport begins. In this case, the supply takes place outside the EU. The postal or courier service will therefore collect import VAT or customs clearance fees from the customer. Consequently, the trader will not charge VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to supply the product at the incorrect price.
Article 10 - Conformity and Warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of fitness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract is concluded. If agreed, the trader also guarantees that the product is suitable for a purpose other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader on the basis of the contract.
Defective or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period is the same as the manufacturer's warranty period. However, the entrepreneur is never responsible for the products' ultimate suitability for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the products supplied themselves, or has had them repaired and/or modified by third parties;
The products supplied have been exposed to abnormal conditions or otherwise handled negligently or contrary to the entrepreneur's instructions and/or treated in a manner contrary to the instructions on the packaging;
The defect is wholly or partly the result of regulations issued or to be issued by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and fulfillment
The entrepreneur will exercise the utmost care when receiving and fulfilling orders for products.
The place of delivery is the address that the consumer has provided to the company.
Subject to the provisions of Article 4 of these General Terms and Conditions, the company will fulfill accepted orders as soon as possible, and no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to cancel the contract at no cost and to claim any compensation.
In the event of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, and no later than 14 days after cancellation.
If it proves impossible to deliver a product that has been ordered, the entrepreneur will make every effort to supply a replacement item. At the latest upon delivery, the consumer will be clearly and understandably informed that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The entrepreneur will bear the cost of any return shipment.
The risk of damage and/or loss of products remains with the business until they are handed over to the consumer or a representative designated in advance and notified to the business, unless expressly agreed otherwise.
Article 12 - Continuing transactions: Duration, termination and renewal
Termination
The consumer may terminate an indefinite-term contract for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or services at any time at the end of the term. The agreed termination rules and a notice period of no more than one month apply.
The consumer may change the arrangements referred to in the preceding paragraphs:
end at any time and not be restricted to termination on a specific date or during a specific period;
terminate them at least in the same way as they were entered into;
always terminate with the same notice period that the business has set for itself.
Extension
A contract concluded for a specific period and covering the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a specific period.
Notwithstanding the preceding paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed term of no more than three months, if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A fixed-term contract for the regular delivery of goods or services may be tacitly extended indefinitely only if the consumer can terminate the contract at any time with a notice period of no more than one month, and with a notice period of no more than three months if the contract concerns the regular delivery of daily or weekly newspapers and magazines less than once a month.
A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines under an introductory subscription (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year, with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.
Article 13 - Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to promptly report any inaccuracies in the stated or mentioned payment details to the business.
If the consumer fails to pay, the business has the right, subject to statutory restrictions, to charge reasonable costs that were notified to the consumer in advance.
Article 14 - Complaints procedure
Complaints about the performance of the contract must be submitted to the business in full and clearly described within 7 days after the consumer discovers the defects.
Complaints submitted to the business will be answered within 14 days of receipt. If a complaint is expected to require a longer processing time, the business will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution.
A complaint does not suspend the operator's obligations unless the operator states otherwise in writing.
If the operator deems a complaint justified, the operator will, at its discretion, either replace or repair the products supplied free of charge.
Article 15 - Disputes
Dutch law applies exclusively to contracts between the business and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.
Article 16 - CESOP
Due to the measures introduced and tightened as of 2024 in relation to the 'Act amending the Turnover Tax Act 1968 (Payment Service Provider Directive Implementation Act)', and thus the introduction of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.
